ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Intact Insurance Company
Applicant
– and –
Aviva Insurance Company of Canada
Respondent
Counsel:
Michael Ahmadi, for the Applicant
Christopher Prince, for the Respondent
HEARD: December 22, 2016
Addendum
Stewart J.
1Counsel for Aviva has requested clarification of the language used in paragraph 40 of my decision in this matter which was delivered on June 21, 2017.
2As is evident from paragraph 40, the language used tracks the Order sought by Intact as contained in paragraph 67 of its Factum.
3In view of Aviva’s position as to its continuing contractual rights under its policy, that disposition should be clarified to provide that Aviva is responsible for the first $200,000.00 of any judgment awarded against Charlie in the underlying action or any settlement made by Charlie in it.
4Specifically, Aviva maintains its contractual right to deny insurance coverage to the Youssefs.
5If any further clarification is required, counsel may arrange a conference call or chamber appointment through my assistant.
Stewart J.
Released: July 28, 2017
CITATION: Intact Insurance Company v. Aviva Insurance Company of Canada, 2017 ONSC 4600
COURT FILE NO.: CV-16-559147
DATE: 20170728
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Intact Insurance Company
Applicant
– and –
Aviva Insurance Company of Canada
Respondent
ADDENDUM TO THE REASONS FOR DECISION
Stewart J.
Released: July 28, 2017